Any nonconforming use existing at the effective
date of this chapter may be continued, and any existing building designed,
arranged, intended for or devoted to a nonconforming use may be reconstructed
as structurally altered, subject to the following regulations:
A.
The cost of structural alterations made in such building
shall in no case exceed 50% of its structural value nor shall the
building be enlarged unless the use therein is changed to a conforming
use.
B.
No nonconforming use shall be extended at the expense
of a conforming use.
C.
No nonconforming use, if once changed to a use permitted
in the district in which it is located, shall ever be changed back
to a nonconforming use.
D.
No nonconforming use, which shall have been discontinued
for a period exceeding 12 months, shall be resumed nor shall it be
replaced by any other nonconforming use.
No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided in Article XIII, § 176-147J, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes or offensive noise or vibration so as to be detrimental to the public health, safety or general welfare.
On any corner lot, no wall, fence or other structure
shall be erected or altered, and no hedge, tree, shrub, or other growth
shall be maintained, which may cause danger to traffic on a street
by obscuring the view.
In the case of a narrow corner lot or of any shallow, irregular or steeply sloping lot, existing as such at the effective date of this chapter, where conformity with the provisions of this article would in the judgment of the Board of Appeals make it difficult to erect a practicable building, the Board, as provided in Article XIII, § 176-147A and B may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in a way to safeguard the neighborhood and provided that compensating area shall be added to one or the other required open spaces and provided that in no case, in a residence or Apartment District, shall any part of any structure be within less than five feet of any street or lot line.
[Amended 12-14-1998 by L.L. No. 7-1998]
A.
General.
(1)
All accessory buildings and other structures
shall be no higher than eight feet in height, plus one additional
foot in height for each foot they are distant from the nearest property
line, but in no event may they exceed 25 feet in height.
(2)
All accessory buildings and other structures
shall be at least three feet from all lot lines.
(3)
With the exception of lighting fixtures, lawn
sculptures, plant trellises, and mailboxes, which do not exceed six
feet in height, all accessory buildings and other aboveground structures
shall be at least 10 feet more distant from the street line than the
rear wall of the main building.
B.
Exceptions.
(1)
This section shall not apply to fences, swimming
pools and parabolic antennas, which are provided for elsewhere in
this chapter.
(2)
This section is subject to such preemption which
may exist in whole or in part by the Federal Communications Commission
or other federal or state agencies.
(3)
A private garage may be built across a common
lot line by mutual agreement between adjoining property owners.
(4)
In all zones other than residential zones (Residence A-1, Residence
B Districts, Residence C Districts, and Apartments Districts) there
shall be no use, building or structure, as the case may be, that is
incidental or subordinate, including but not limited to parking areas
that are permitted to be on a separate or different lot than the principal
use, building or structure. All principal uses, building and structures
shall be on the same lot as the incidental use, building or structure.
[Added 6-27-2012 by L.L. No. 3-2012]
(5)
Any
nonconforming use, building or structure that currently exists at
the effective date of this chapter may be continued.
[Added 6-27-2012 by L.L. No. 3-2012]
[Added 12-8-2003 by L.L. No. 10-2003]
A.
Prohibition. No aboveground exterior heating, cooking,
or motor fuel (gasoline, diesel, kerosene, or similar fuel) oil, or
other liquid petroleum, liquid propane, or other liquid fuel tanks
or containers shall be permitted within the Village.
B.
Exemptions. The foregoing prohibition shall not preclude
the aboveground use of portable liquid propane in safe and secure
tanks of 25 pounds or less, as typically used for home barbeque grills.
[Added 2-5-2013 by L.L. No. 1-2013]
A.
TEMPORARY STRUCTURES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A structure including a building which may or may not meet
the zoning requirements for the zoning district within which it is
located, which will be placed or erected for a short period of time,
and then be removed.
B.
Permit required. No temporary structure shall be placed or erected
without first obtaining a permit from the Building Inspector of the
Village of Port Washington North.
C.
Standards for issuance of permits. The Building Inspector may issue
permits for temporary structures on residential or nonresidential
properties, as provided in this article, subject to such terms and
conditions as the Building Inspector may deem necessary to safeguard
adjoining properties and the health, safety and general welfare of
the community. In the consideration and determination of applications
for temporary structures, the Building Inspector shall consider the
following standards as applied to the specific application, as well
as any other criteria which the Building Inspector may deem relevant
to the safety and well-being of the adjoining property owners and
the community and which are relevant to the specific application.
(1)
The uses permitted in the district in which the property is
located, although not restricted to such uses.
(2)
Whether the proposed temporary structure is of such character,
size, location, design and site layout as to be appropriate to and
in harmony with the surrounding properties for the limited time during
which it shall be erected.
(3)
Whether the proposed temporary structure will provide a desirable
service, facility or convenience to the applicant without significantly
burdening the adjoining property owner or community.
(4)
Whether the goals of the application can reasonably be accomplished
in a less intrusive manner to the adjoining property owner or community.
(5)
Whether the proposed temporary structure will be hazardous,
conflicting or incongruous to the immediate neighborhood or adjoining
property owner by reason of excessive traffic, assembly of persons
or vehicles, proximity to travel, or other factors as determined by
the Building Inspector.
(6)
Whether the proposed temporary structure will be of such a nature
as to be objectionable to nearby residents by reason of noise, lights,
vibration, litter or other factors of aesthetics or impact.
(7)
All temporary structures shall be a minimum of three feet from
any sidewalk or Village right-of-way.
(8)
All temporary structures shall be on a paved surface unless
otherwise determined by the Building Inspector that the applicant
has exhausted all other alternatives and a paved surface is not possible
for the particular applicant.
D.
Filing fees. The filing fees on the applications to the Village of
Port Washington North shall be pursuant to the fee schedule and as
prescribed from time to time by the Board of Trustees.
E.
Expiration of permits; extensions of time.
(1)
All permits for temporary structures shall automatically expire
90 days from the date of the permit.
(2)
An applicant may apply for a thirty-day extension of time to
maintain a temporary structure for a renewal fee of $50. All extensions
of time are in the discretion of the Building Inspector. Extensions
of time may be extended more than once, but at no time to be extended
more than three times.
F.
Enforcement. The provisions herein described shall be enforceable
by the Village of Port Washington North, and failure of the Village
to enforce any and all said regulations or provisions shall in no
event be deemed a waiver of the right to do so.
On corner lots accessory buildings shall be
located as far as possible from all street lines while conforming
to the requirements of the last above section.
[Amended 11-3-1975 by L.L. No. 7-1975]
No building or part of a building shall be erected
in or project into a required rear yard, front yard or side yard with
the following exceptions:
A.
Cornices, eaves, gutters or chimneys projecting not
more than 18 inches.
B.
One-story bay windows projecting not more than three
feet into any front, side or rear yard and not to exceed six feet
in length and the seat and/or sill of said window shall be the entire
width of the projection and shall not be less than two feet above
the floor of the room that it is attached to. No foundation wall or
structure shall be erected under any part of such bay window projecting
into any required side yard.
C.
Steps may project into a rear or front yard not more
than five feet and into a side yard not more than two feet.
D.
Commercial
awnings and canopies when covering an egress door projecting not more
than four feet into any front, side or rear yard.
[Added 2-8-2022 by L.L. No. 2-2022]
Courts shall be governed by the following restrictions:
A.
The width of an inner court shall not be less than
eight feet, but in no event shall it be less than four inches for
each foot of the building height. For an inner court not on the lot
line, the least dimension shall not be less than 16 feet.
B.
The width of an outer court shall not be less than
eight feet, but in no event shall it be less than four inches for
each foot of building height. If the depth of an outer court shall
exceed four times its width, the width shall be increased one foot
for each four feet of depth.
C.
The same restrictions as in the foregoing subsections
shall apply to courts in business and industrial districts but only
as to floors used for residential purposes.
A.
No regulation or requirement hereof shall be deemed
to require the setback of any building beyond the average setback
line observed by the buildings existing at the effective date of this
chapter on the same side of the street within the block, provided
there be two or more buildings on such block.
B.
The average setback line observed by buildings on
the same side of the street within 200 feet on each side of the lot
in question shall control in lieu of the average setback line within
the block where the block affected has a length of more than 1,000
feet between its intersecting streets.
C.
No building which is used for any of the uses specified
below shall be located in whole or in part within 50 feet of Shore
Road and/or 30 feet of Soundview Drive:
[Added 7-12-2004 by L.L. No. 6-2004;
amended 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
D.
Limitation on delivery vehicles within 550 feet of
Shore Road and/or 30 feet of Soundview Drive:
[Added 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
(1)
Except as provided in Subsection D(2), no business entity shall have more than one delivery vehicle in use at any one time.
(2)
Notwithstanding anything to the contrary in Subsection D(1), a business entity may have not more than two delivery vehicles in use at any one time upon the following conditions:
(a)
The parking lot wherein the delivery vehicles
are parked shall have not less than two legal curb cuts to public
roads.
(b)
No vehicular egress shall be permitted from
the parking lot to Shore Road except by a legal curb cut with a traffic
light controlling egressing traffic from that curb cut.
(c)
All curb cuts from Shore Road to the parking
lot that are not controlled by a traffic light for egressing traffic
from the parking lot shall be marked "entrance only" with such signs
and pavement markings as are approved by the Village Building Inspector.
(3)
No delivery vehicle shall be parked, stopped,
or standing, within the area, even while such vehicle is actually
being loaded or unloaded with food or other goods, if such vehicle
has any signs, logos, business name, telephone number, address, or
other commercial information or designation, unless, at the location
where it is so parked, stopped, or standing, while it is actually
being loaded or unloaded, it is totally screened from all public streets
by fencing or a live screen in a manner approved by the Village Building
Inspector.
(4)
All delivery vehicles leaving the area shall
only do so by exits controlled by a traffic control signal of not
less than three phases (red, yellow, green), when such exits are provided
for the particular lot from which the vehicle is exiting.
E.
For the purposes of this section, the subject 50 foot
and 30 foot measurements shall be from the closest point of the property
line adjacent to the subject road to the closest point of the closest
exterior wall of the building.
[Added 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
Unless otherwise indicated on the Building Zone
Map.
A.
Apartment Districts extend 200 feet back from the
street or streets on which they front.
B.
Business Districts extend 100 feet back from the street
or streets on which they front. Where a rear lot line is more than
100 feet distant from the street line, they may extend back such additional
distance over 100 feet but not over 150 feet from the street line.
On side streets intersecting Business Districts, Business Districts
extend 200 feet back from the street line on which the Business District
fronts.
C.
Industrial Districts extend 200 feet back from the
street or streets on which they front, but not beyond the limits of
a Business District or district of other classification fronting on
an adjacent parallel street, or not beyond the line of the adjacent
parallel street where the frontage on the opposite side of the latter
has another classification.
The depth of all front yards will be reckoned
from existing street lines, but where a street has been widened or
is proposed to be widened and this new width has been duly authorized
and recorded on a duly filed map, the depth of front yards shall be
reckoned from the new street lines.
Where business streets are less than 50 feet
in width, buildings shall be set not nearer the street line than 25
feet from the center line of the street.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building under construction,
provided that at the effective date of this chapter the construction
shall have proceeded to the completion of the foundations and the
setting of the first floor beams, and provided further that the work
thereon shall be diligently prosecuted to completion within one year
from the effective date of this chapter. The Board of Appeals may,
in its discretion, due to the size or nature of the building, or any
special circumstances which in its judgment are sufficient, extend
the date of completion beyond the one year above fixed.
In no event shall the building area in any district
be exceeded by reason of the reduction of yard area required leaving
a greater percentage of lot area, nor shall the yard area in any district
be decreased by reason of the permitted building area.
No building which is arranged, intended or designed
to be used for multifamily residential purposes shall be erected to
a height in excess of four stories unless it provides for the maintenance
of adequate elevator service.
No building shall be erected until the Village
Clerk or Superintendent of Buildings shall issue a permit certifying
that the proposed building and use comply in every respect with this
chapter, and all applications for such permits shall be in writing
and accompanied by a plot plan in duplicate drawn to a scale showing
the actual dimensions of the lot to be built upon, the size of the
building to be erected, the location of the building upon the lot,
the dimensions of all open spaces, the setback lines observed by buildings
within the block and proof, by certificate from an insurance company
licensed to do business in the State of New York, that the contractor
or person or persons performing the work carries liability insurance
in limits commonly referred to as $250/500,000 for bodily injuries
and $50,000 for property damage, and such other information as may
be necessary to provide for the enforcement of this chapter. Such
certificate shall provide that no revocation of said insurance shall
be effective except upon 10 days notice to the Village Clerk. The
requirement of a certificate of insurance shall be waived in connection
with any application for construction whose actual cost is $999 or
less. Such permit shall be issued for a period of six months from
the date thereof. In the event, however, of a change in the provisions
of this chapter or in the map accompanying the same, during such period
of six months, which change or changes would prevent the issuance
of such permit if then applied for and if the Superintendent of Buildings
or Village Clerk shall determine that work has not begun under such
permit, he shall revoke said permit and immediately send notice of
revocation thereof to the holder thereof at the address given in the
application therefor. The Superintendent of Buildings or Village Clerk
is also authorized at any time during the life of such permit to revoke
the same if it shall satisfactorily appear to him that any material
statement in or portion of the application therefor is untrue or inaccurate.
Within 10 days prior to the expiration of such permit and upon showing
of sufficient cause therefor, and in the event that no changes in
this chapter or in the map accompanying the same have been made to
prevent, the Superintendent of Buildings or Village Clerk may extend
the permit for a further period of six months but such extended permit
shall be liable to all the provisions of this section as if the same
were an original issuance thereof. A copy of this section shall be
printed upon each permit or extended permit issued by the Superintendent
of Buildings or Village Clerk.
[Amended 10-7-1974 by L.L. No. 1-1974]
No apartment shall be permitted in any district
or classification herein described, not provided with suitable or
efficient municipal sewage disposal facilities, unless an independent
sewage disposal plant having the approval of the Superintendent of
Buildings or Village Clerk is constructed for the sanitary disposal
of the sewage of such buildings.[1]
[1]
Editor's Note: Original Section 17(a), which
immediately followed this section, was repealed 10-7-1974.
Storage places for motor vehicles will be permitted on the same lot with apartment houses at the rate of one car for each family, for families who are permanent residents in such buildings, subject to the provisions of Article VI, 176-40C, but no facilities for other than minor repairs will be permitted therein.
Public garage or gasoline service station shall
be permitted in a Business, Industrial A or Economic Development A
District when approved by the Board of Trustees of the Village as
a special exception, upon proper application therefor and after public
hearing on public notice and upon such terms and conditions as said
Board may deem reasonable to protect surrounding properties, promote
proper traffic patterns, and the health, safety and general welfare
of the community. In no event, however, shall a building or lot be
used or occupied as a public garage or gasoline service station If
the same is within 200 feet of a lot used for a public school or private
school approved by the Board of Regents, public library, church, hospital
or a one- or two-family residence.[1]
[1]
Editor's Note: Original Sections 20 and 21,
which immediately followed this section, were repealed 2-17-1969.
Every variance, conditional, special exception
or other use permit granted by the Board of Appeals, Planning Board
or the Board of Trustees pursuant to the provisions of a Village ordinance
or the Village Law shall become null, void and of no further force
or effect one year after the decision granting said variance or use
permit is filed in the office of the Clerk of the Village, unless,
within said period of one year. the applicant or his successor in
interest:
[Added 10-7-1974 by L.L. No. 1-1974]
A.
General.
(1)
Unless specifically noted otherwise in the Village
ordinances all fencing shall conform to the requirements of this chapter.
(2)
Fences shall be constructed with the finished
side facing adjoining property. No supports, posts or bracing shall
be placed on the same side of the fence which faces adjoining property.
(3)
Fences, including the footings, shall be capable
of sustaining a ten-pound-per-square-foot wind load.
(4)
No fence shall project beyond the property line.
(5)
Application for permit.
(a)
A plan of the property indicating the major
structures and the proposed location and extent of the fence shall
be submitted to the Village Building Inspector in duplicate for approval
prior to construction.
(6)
Chain link fabric, if used, shall be black,
brown, gray, or green plastic coated. No insert strips shall be permitted,
except in Business Districts, as set forth below. The black, brown,
gray, or green coating shall be plasticized polyvinyl chloride (PVC)
with low temperature (-20º F.) plasticizer and no fillers, extenders
or extraneous matter other than the necessary stabilizers and pigments.
The color shall be stabilized and have light fastness sufficient to
meet 4,000 hours under ASTM-D1499 E42 Type B. The vinyl clad wire
shall withstand an accelerated aging test of 2,000 hours at 145º
F. without cracking or peeling. The vinyl clad wire shall be self-extinguishing.
[Amended 11-13-1980 by L.L. No. 6-1980; 11-14-1985 by L.L. No. 6-1985; 5-17-1999 by L.L. No. 3-1999]
(a)
The vinyl properties shall conform to the following:
|
Specific gravity
|
1.30 maximum
|
ASTM D792
| |
|
Hardness durometer
|
A 90 ± 5
|
ASTM D676
| |
|
Tensile strength
|
2700 psi ± 5%
|
ASTM D412
| |
|
Ultimate elongation
|
275% ± 5%
|
ASTM D412
| |
|
Dielectric strength
|
750 Volt/mil
|
ASTM D149
|
(b)
The vinyl wall thickness shall conform to the
following:
|
Wire Gauge
|
Vinyl Wall Thickness
(inches)
| |
|
6
|
.022
| |
|
9
|
.020
| |
|
11
|
.015
|
(7)
Any existing fence requiring, in the opinion
of the Building Inspector, repairs exceeding 50% of the value of the
fence shall be completely revised to conform to this chapter.
(8)
No barbed wire, concertina wire or similar or
other pointed or sharp edged wire, which could cause injury to someone
who holds it, is permitted.
[Added 5-17-1999 by L.L. No. 3-1999]
B.
Location limitations.
(1)
On interior lots, no fencing shall be permitted
in the front yard, except on Mill Pond Road, Avenue C, Valley Road,
Shore Road and Harbor Road.
[Amended 7-27-2009 by L.L. No. 3-2009]
(2)
On corner lots, the following regulations shall
apply:
(a)
Fencing for a front yard contiguous with public
property shall be limited to fences having a minimum of 50% free area
when projected as a front elevation. Such fencing shall be constructed
of cedar, cypress or polyvinyl synthetic materials. Metal fences of
all kinds are prohibited (inclusive of chain link). Such fencing shall
simulate in external appearance painted white or unpainted cedar or
cypress or similar woods.
[Amended 7-27-2009 by L.L. No. 3-2009]
(b)
Fencing for any yard contiguous with public
property shall conform to the requirements for the front yard.
[Amended 11-8-1993 by L.L. No. 6-1993]
(c)
Fencing for the side yard contiguous with private
property shall not project forward of the immediately adjacent front
face of the major structure on the property.
(d)
Fencing contiguous with public property shall
be set back a minimum of two feet from a public sidewalk, and in no
event shall the fence be located outside the property line.
[Amended 11-8-1993 by L.L. No. 6-1993]
(e)
Fencing for a rear yard may project into the adjacent front
yard, enclosing the rear yard, but shall not project forward of the
rear face of the major structure on the property. The portion of fence
enclosing the rear yard shall not exceed five feet in height. This
section shall include corner parcels.
[Added 7-27-2009 by L.L. No. 3-2009]
(3)
Notwithstanding any of the provisions in Subsection (1) or (2) hereof to the contrary, in a Business District, a chain link fence with black, brown, gray, or green inserts shall be permitted so long as the fence meets all of the other requirements of this section and is not in the front yard. Such inserts shall be aluminum, PVT, perma hedge, or an equivalent thereto as may be approved by the Village Building Inspector.
[Added 5-17-1999 by L.L. No. 3-1999]
C.
Maximum height limitations.
[Amended 11-8-1993 by L.L. No. 6-1993; 6-13-1994 by L.L. No. 1-1994]
(1)
The height of a fence shall be measured to the
highest point of the fence from the existing grade directly below
that point. Fence support posts may exceed the maximum height by not
more than four inches so long as said posts are not greater in size
than five inches by five inches and other terminal posts (at corners,
ends and gates) do not exceed one every four feet.
[Amended 7-27-2009 by L.L. No. 3-2009
(2)
In all zoning districts, front yard fences, when permitted by this § 176-140, shall not exceed three feet in height.
(3)
In residential zones, no fence shall exceed
five feet in height, except in a rear yard.
(4)
In residential zones, no fence shall exceed
six feet in height in a rear yard. However, any such fence which exceeds
five feet in height shall be constructed of either painted white or
unpainted cedar or cypress or similar woods, or polyvinyl chloride
or other synthetic materials of durable, weather resistant character
and construction, which are reasonably acceptable to the Village Building
Official, provided that such polyvinyl chloride or other synthetic
materials simulate in external appearance painted white or unpainted
cedar or cypress or similar woods. For example and further clarity,
but without limiting the foregoing, aluminum, and steel material,
such as chain link, and synthetic materials not satisfying the foregoing
criteria are not permitted.
[Amended 5-14-2001 by L.L. No. 3-2001]
(5)
In nonresidential zones, except as provided in Subsection (6) hereof, no fence shall exceed seven feet in height.
(6)
In Business Districts, at retail shopping centers
comprising 11 contiguous acres or more, wood fences exceeding seven
feet in height but not exceeding 10 feet in height, may be erected
with the permission of the Board of Trustees, subject to the following
conditions and considerations:
(a)
Such fences may only be erected in the rear
and side yards. For the purpose of determining rear and side yards,
satellite buildings with building areas of less than 20,000 square
feet shall not be taken into consideration. The front yard shall be
established for the shopping center as a whole and not on a building
by building basis.
(b)
Appropriate site lines for vehicular and pedestrian
traffic shall be provided by curb cuts and at corners.
(c)
An application under this subsection shall be
filed with the Village Clerk. Such application must be in writing
and submitted in triplicate verified by the applicant or applicants
which shall contain the following:
(d)
The Board of Trustees, in considering such application,
may issue a permit for a wood fence not exceeding 10 feet in height,
permanently or for a limited period of time, subject to such conditions
and safeguards as shall be deemed appropriate, including the requirement
for appropriate landscaping or other aesthetic devices to soften the
visual effect of the fence when, in its opinion, it shall find that
the public health, morals, safety and general welfare of the Village
will be secured and the nature and character of the existing neighborhood
and the value of the property therein will be protected and secured
by such fence.
D.
Fence supports.
(1)
Posts.
[Amended 6-2-1986 by L.L. No. 9-1986]
(a)
All fences greater than five feet in height
and fences enclosing water pools shall be supported by galvanized
steel posts, having the following minimum dimensions:
|
Line posts
|
2 inches O.D.
| |
|
Terminal posts
|
2 1/2 inches O.D.
| |
|
(at corners, ends and gates)
|
(b)
Fence posts shall be set in concrete footings
to a minimum depth of 30 inches below grade. Wooden fence sections
shall be lag bolted or through bolted to the posts using galvanized
steel brackets. Nails will not be acceptable. The brackets shall be
a minimum of two feet long, two inches wide and 1/8 inch thick. All
posts shall be capped. The posts and caps shall not extend above the
wooden fence sections.
(c)
All galvanized steel posts, if used, shall be black, brown, gray, or green plastic coated. The black, brown, gray, or green coating shall be plasticized polyvinyl chloride (PVC) meeting all of the standards for PVC applicable to chain link fences set forth § 176-140A(6).
[Amended 5-17-1999 by L.L. No. 3-1999]
(2)
Rails. All wooden fences greater than five feet
in height and fences enclosing water pools shall be supported on a
minimum of two horizontal support rails fabricated of galvanized steel
pipe having a minimum outside dimension of 1 3/8 inches. The horizontal
support rails shall be fitted to the posts using standard couplings.
Fence sections shall be lag bolted or through bolted to the horizontal
rails with galvanized steel clamps having a minimum thickness of 1/8
inch. Chain link fences enclosing water pools shall have, as a minimum,
a top rail of galvanized steel, 1 3/8 inches O.D.
(3)
Notwithstanding anything to the contrary in Subsections (1) and (2) of this subsection, rails on fences made with polyvinyl chloride or other synthetic materials of durable, weather resistant character and construction, which are reasonably acceptable to the Village Building Official, and which simulate in external appearance painted white or unpainted cedar or cypress or similar woods, may also be made with polyvinyl chloride or such other synthetic materials, as applicable.
[Added 5-14-2001 by L.L. No. 3-2001]
[Added 7-8-1991 by L.L. No. 6-1991]
Valet parking shall be conditionally permitted,
when authorized by the Board of Trustees, as an accessory use to any
use permitted or conditionally permitted in the Village on the following
conditions:
A.
In addition to such other signs as may be permitted
by the Village, additional signs stating "Valet Parking" and the name
of the business may be erected at a location approved by the Board
of Trustees of sufficient size to be visible from the street to the
extent deemed by the Board of Trustees to be deemed necessary to inform
the public of the valet parking operation.
B.
The stopping or standing of vehicles for pickup and
for delivery by the valet parkers shall be solely at locations which
do not prohibit the stopping or standing of vehicles; do not unreasonably
interfere with traffic; and do not unreasonably interfere with the
peace and quiet of nearby property owners.
C.
Except to avoid an imminent accident, or when directed
by a police officer, under no circumstances shall a vehicle which
is stopped, is standing or is otherwise being operated on the public
streets of the Village for valet parking purposes which is being operated
by or directed by the valet parkers or someone on behalf of the valet
parkers or on behalf of the owner, operator, manager, or any other
agent or employee of the principal use for which the valet parking
is being provided, violate any of the provisions of the New York State
Vehicle and Traffic Law or the ordinances or local laws of the Village
of Port Washington North.
D.
The valet parkers shall at all times operate the vehicles
which they are parking in a manner so as not to adversely affect nearby
property owners. Accordingly, the valet parkers shall not permit the
radios in the vehicles they are operating to be heard outside the
vehicles; shall not operate the vehicles they are parking in such
a manner as to cause their tires to "squeal" or make other noises
by rapidly accelerating or decelerating, except to avoid an accident;
and shall not sound their horn except to avoid an accident, and then
only to the minimum extent necessary.
E.
A conditional use permit for valet parking may be
issued for a period of one year and shall automatically expire at
the end of said year unless renewed by the permittee, with the consent
of the Board of Trustees, for another year.
F.
The failure of the applicant to have received any
summonses or to have been found guilty of any violations of the New
York State Vehicle and Traffic Law or the Village's ordinances and
local laws shall not preclude the Board of Trustees from denying a
permit or a renewal of a permit if there is sufficient evidence for
it to believe that the applicant or the individuals who will be responsible
for the business or the valet parking operations have not or will
not comply with the conditions set forth in this section.
[Added 7-13-1998 by L.L. No. 3-1998]
A.
As used in this section, the term "commercial vehicle"
shall include every type of motor vehicle used for commercial purposes
on the highways, such as the transportation of goods, wares and merchandise
and motor coaches carrying passengers.
B.
No commercial vehicle shall be stored or parked on
any property which is zoned or used for residential purposes. It shall
be an affirmative defense in any prosecution for a violation of this
section that:
(1)
It was reasonable or necessary for the vehicle
to be parked at the subject location while the operator was actually
engaged in either the loading or the unloading of the vehicle at the
subject location; or
(2)
It was reasonable or necessary for the vehicle
to be parked at the subject location while the operator of the vehicle
was actually engaged in performing services on the premises or performing
services of a residential nature for a person then present at and
a resident of the subject premises.
C.
No commercial vehicle shall be serviced at any time
on any property which is zoned or used for residential purposes, or
on a public highway which is immediately adjacent to any property
which is zoned or used for residential purposes. It shall be an affirmative
defense in any prosecution for a violation of this section that such
service was reasonably or necessarily required before such vehicle
could be safely moved to a permitted location.
D.
No commercial vehicle shall be washed or otherwise
cleaned at any time on any property which is zoned or used for residential
purposes, or on a public highway which is immediately adjacent to
any property which is zoned or used for residential purposes.
[Added 12-10-2001 by L.L. No. 6-2001]
No convenience or other retail store within
the Village of Port Washington North, except as hereinafter provided,
shall be open for business between the hours of 11:00 p.m. and 6:00
a.m. This section shall not apply to:
